-1- HC-KAR NC: 2026:KHC:34425-DB RFA No. 452 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO.452 OF 2010 (PAR) BETWEEN: 1a) 1b) 1c) 1d) SRI. DEVAPPA SINCE DEAD BY LR’s SMT. MANIYAMMA, AGED ABOUT 55 YEARS, W/O LATE DEVAPPA, SMT. LEENA N D, AGED ABOUT 32 YEARS, D/O LATE DEVAPPA, SMT. SHWETHA N D, AGED ABOUT 28 YEARS, D/O LATE DEVAPPA, SRI. PRAVEEN KUMAR N D, AGED ABOUT 25 YEARS, S/O LATE DEVAPPA, ALL ARE RESIDENTS OF NANDIGODANAHALLI AREHALLI HOBLI BELUR TALUK – 573 101 …APPELLANTS (BY SMT. BHARATHI, ADVOCATE FOR SRI. VENKATESH R BHAGAT, ADVOCATE FOR A1(a-d)) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA -2- HC-KAR NC: 2026:KHC:34425-DB RFA No. 452 of 2010 AND: 1. SMT. MANJAMMA @ MANJULA D/O LATE MANJAIAH AGED ABOUT 42 YEARS R/A ADUVALLI, KASABA HOBLI HASSAN TALUK – 572 101 2. SRI. MANJAPPA 3. SRI. ANNAPPA 4. SRI. CHANDRAPPA 5. SRI. DHANNAPPA 6. SRI. RAJAPPA 7. SRI. PARAMESHA 8. SMT. THANGYAMMA 9. SRI. SANGANASETTY SL.NOS.2 TO 8 ARE THE CHILDREN OF LATE ERAMMA SL.NO.9 IS THE HUSBAND OF LATE ERAMMA AND ALL ARE MAJORS AND R/O KELAGOOR, GULLANPET POST, MUDGERE TALUK CHICKMAGALORE DISTRICT. 10. SMT. MANJAMMA D/O LATE MALLAIAH W/O SANNAPPASETTY MAJOR, R/O HANIKE KOPPALU HANIKE POST, BELUR TALUK – 573 101 11. SRI. N A RAJASHEKAR S/O ANNAPPA, MAJOR R/O NANDIGODANAHALLI AREHALLI HOBLI, BELUR TALUK – 573 101 -3- HC-KAR NC: 2026:KHC:34425-DB RFA No. 452 of 2010 12. SRI. N A SOMAPPA S/O ANNAPPA, MAJOR R/O NANDIGODANAHALLI AREHALLI HOBLI, BELUR TALUK – 573 101 13. SMT. DEVAMMA W/O RAMACHANDRA MAJOR, REVENUE SHERISTEDAR HUNASINAKERE ROAD, HASSAN - 573 201 14. SRI. GANESHA MAJOR R/O NANDIGODANAHALLI, AREHALLI HOBLI, BELUR TALUK – 573 101 15. SRI. MANJUNATHA S/O ANNAPPA MAJOR, FOOD SHERISTEDAR HUNASINAKERE STREET HASSAN – 573 201 16. SRI. NANDA S/O ANNAPPA MAJOR, R/O NANDIGODANAHALLI AREHALLI HOBLI, BELUR TALUK – 573 101 17. SMT. N A GOPAMMA @ GEETHA W/O CHANDRASHEKAR, MAJOR R/A DOOR NO.212/B, 4TH MAIN, 5TH PHASE, SHIVANAHALLI EXTENSION BANGALORE – 45 18. SMT. MEENAKSHI W/O S N MURTHY MAJOR, R/A HOUSE NO.43, BHARATHI NAGAR C.B.HALLI POST, HESARAGHATTA ROAD BANGALORE – 560 057 19. SMT. GANGAMMA -4- HC-KAR NC: 2026:KHC:34425-DB RFA No. 452 of 2010 20. SMT. SUMA 21. SMT. NAYANA 22. SMT. HEMA SL.NOS.19 IS THE WIDOW OF LATE MALLAIA SL.NOS.20 TO 22 ARE THE DAUGHTERS OF LATE MALLAIAH AND ALL ARE MAJOR R/O NANDIGODANAHALLI AREHALLI HOBLI BELUR TALUK – 573 101 23. SMT LAKSHMAMMA W/O LATE MANJAIAH AGED ABOUT 62 YEARS R/O NANDIGODANAHALLI AREHALLI HOBLI, BELUR TALUK – 573 101 …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R1; R6, R19 & R20 ARE SERVED; VIDE ORDER DATED 13.03.2014, NOTICE TO R2, R8, R21, R22 ARE HELD SUFFICIENT; VIDE ORDER DATED 01.07.2025, R3, R5, R10-12, R14 & R16 ARE ABATED; VIDE ORDER DATED 29.01.2013, R7 IS HELD SUFFICIENT; VIDE ORDER DATED 04.03.2014, NOTICE TO R9 & R23 ABATED AGAINST APPEAL, VIDE ORDER DATED 01.06.2011, K N LINGARAJU, ADVOCATE FOR R-11 TO R-18) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 AND 2 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.12.2009 PASSED IN O.S.NO.20/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., BELUR, IN SO FAR AS ALLOTTING 1/4TH SHARE IN ITEMS NO.30, 31, 25 AND 26 OF THE SCHEDULE PROPERTIES WHICH ARE SELF -5- HC-KAR NC: 2026:KHC:34425-DB RFA No. 452 of 2010 2ACQUIRED PROPERTIES OF THE APPELLANT BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Learned counsel for the appellant Ms. Bharthi appearing for Shri Venkatesh R. Bhagat, seeks yet another adjournment. 2. We note from the previous orders of the Court that the case has been adjourned on one ground or the other by the counsel for appellants. When the matter was last listed, on the joint request of the parties, the case was adjourned and has been listed today, given the understanding between them that the matter would not be adjourned when it is listed next. 3. Under the circumstances, we are unable to countenance the request for an adjournment. -6- HC-KAR NC: 2026:KHC:34425-DB RFA No. 452 of 2010 4. The learned counsel for the appellants was asked to proceed with the hearing of the matter but she expressed her inability. We are constrained to dismiss this appeal for non-prosecution. This order has been passed in the presence of the learned counsel for the respondent. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 21